Do I qualify for EB2 if there requirement in job description is just Bachelors with 2-5 years of experience

[manasijs13 0]

Hello Everyone, 

 

I had a EB Green Card question. I completed my masters in USA. Before that I had 1 year of experience. My first job in states had original job requirement of Bachelors with 2-5 years of experience (No masters degree required was mentioned). I have been working with this company (my current employer) for around 5 years now. 

 

Recently, the employer started my Green Card Process. However, while finalizing the PERM description with my manager. He based my category in EB3. My question is does this job qualify for EB2? When I asked for clarification the HR department said as No Masters was said to be required by my manager they based me on EB3. However, the job description has 2-5 experience  requirement in academic or professional setting (but without masters). 

[igoyougoduke 1,662]

you cannot use experience gained from your current employer irrespective of what PERM requirements are.  if you are not from backlogged countries like India, China the process does not matter. its the same timeline.